[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Page 59205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29345]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 212 / Tuesday, November 3, 1998 / 
Rules and Regulations  

[[Page 59205]]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 723

RIN 0560-AF14


Special Combinations for Tobacco Allotments and Quotas

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This final rule adopts without change, an interim rule 
concerning tobacco farm combinations, published on May 14, 1998, (63 FR 
26713). Comments were requested from interested parties, but none were 
received. The notice issued with the interim rule corrected a reference 
contained in a final rule published on February 24, 1998, (63 FR 9126) 
and by a regulation change, provided greater flexibility to tobacco 
farmers for special farm combinations. The interim rule also made 
certain clarifying changes to the regulations.

EFFECTIVE DATE: November 3, 1998.

FOR FURTHER INFORMATION CONTACT: Joe Lewis, Jr., Agricultural Program 
Specialist, Tobacco Branch, Tobacco and Peanuts Division, USDA, FSA, 
STOP 0514, 1400 Independence Avenue, SW, Washington, DC 20250-0514, 
telephone 202-720-0795.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant and therefore 
was not reviewed by OMB under Executive Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this final rule 
since the Farm Service Agency (FSA) is not required by 5 U.S.C. 553 or 
any other provision of law to publish a notice of proposed rule making 
with respect to the subject matter of this rule.

Federal Assistance Program

    The title and number of the Federal Assistance Program, as found in 
the Catalog of Federal Domestic Assistance, to which this rule applies 
are: Commodity Loans and Purchases--10.051.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental assessment nor an 
environmental impact statement is needed.

Executive Order 12372

    This activity is not subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials. See the notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order 12988. The provisions of this final rule are not retroactive and 
preempt State laws to the extent that such laws are inconsistent with 
the provisions of this final rule. Before any legal action is brought 
regarding determinations made under provisions of 7 CFR part 723, the 
administrative appeal provisions set forth at 7 CFR parts 780 and 711, 
as applicable, must be exhausted.

Paperwork Reduction Act

    This final rule does not contain new or revised information 
collection requirements that require approval by OMB under the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq). The information 
collections required in 7 CFR part 723 are currently being administered 
under OMB control number 0560-0058.

Effective Date of Rule

    It has been determined for purposes of all limitations that might 
apply, including any provisions of the Small Business Regulatory 
Enforcement Fairness Act of 1996, that this rule should be effective 
immediately. As the rule simply adopts an existing rule, provides 
additional flexibility to producers, and should not have any material 
adverse effect on anyone, it has been determined that it would be 
contrary to the public interest to delay the implementation date of the 
new regulations.

Background and Discussion

    An interim rule published on May 14, 1998, (63 FR 26713), requested 
comments from interested parties on changes to 7 CFR 723.209, 
concerning tobacco farm combinations for administrative purposes. The 
notice issued with the interim rule also corrected a reference 
contained in a final rule, published on February 24, 1998, (63 FR 9126) 
concerning the same issue.
    As for the regulations, the interim rule adopted clarifying 
language for Sec. 723.209 and further amended Sec. 723.209 to 
explicitly allow special combinations irrespective of whether any of 
the farms involved had a production flexibility contract under 7 CFR 
part 1412, and to allow for the relaxation of certain signature 
requirements. No comments were received in response to the interim rule 
and for the reasons given in the interim rule notice, it has been 
determined to adopt the interim rule as a final rule.

List of Subjects in 7 CFR Part 723

    Acreage allotments, Auction warehouses, Dealers, Domestic 
manufacturers, Marketing quotas, Penalties, Reconstitutions, Tobacco.

Final Rule

    Accordingly, the interim rule amending 7 CFR part 723, published on 
May 14, 1998 (63 FR 26713) is hereby adopted as a final rule as 
published.

PART 723--[AMENDED]

    Signed at Washington, DC, on October 26, 1998.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 98-29345 Filed 11-2-98; 8:45 am]
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